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LEROY GRAHAM v. COMMONWEALTH PENNSYLVANIA (07/25/74)

decided: July 25, 1974.

LEROY GRAHAM, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Leroy Graham, No. B-118844.

COUNSEL

Philip H. Rush, for appellant.

Sydney Reuben, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 14 Pa. Commw. Page 446]

Leroy Graham (claimant), a 67-year-old day student at Temple University in Philadelphia, Pennsylvania, filed a claim on August 23, 1972 to obtain unemployment compensation. Claimant was last employed by Temple University for 1 year and 9 months doing audiovisual work. His last day of work was July 3, 1972. Prior to this employment, he had worked 15 1/2 years for Westinghouse Electric Corporation before starting his retirement from that corporation on April 1, 1970.

Claimant enrolled as a full-time student at Temple University on July 23, 1972. Thereafter, he enrolled as a full-time student on September 11, 1972 for the fall term and paid the full tuition of $485. Claimant's classes were scheduled during the morning hours and until 2 p.m. each afternoon.

The Bureau of Employment Security denied benefits to the claimant on the ground that he failed to meet the availability-for-work requirements of Section 401(d) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 801(d). On appeal, the referee affirmed the Bureau, and the Unemployment Compensation Board of Review (Board) affirmed the referee. This appeal followed and we affirm.

In connection with his original application, claimant filled out a retirement questionnaire and the following questions and answers appear thereon:

[ 14 Pa. Commw. Page 447]

"11. Are you able to work and available for full-time work at this time? Yes [] No checkmark. If No, explain why not.

Will be attending school (Temple University) full time -- beginning Sept. 11, 1972.

"12. Are you looking for full-time work? Yes [] No checkmark. If ...


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